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Old 27-04-2008, 01:15 PM
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About 18 months ago I moved into a cottage with a 6 month AST. At the time the tenancy was in the control of a letting agent, to whom I a paid a large deposit.

After the 6 months expired I wanted to arrange a new tenancy agreement, but the landlord appeared to want to cut-out the letting agent, he also appeared reluctant to provide a new agreement. However, he did provide me with a letter stating that he would extend the agreement for a further year.

The tenancy again ran out this April but the Landlord confirmed on the telephone that he was happy to again extend the agreement.

Now I am aware that a contract can be verbal or written, but I would like some clarification on whether this sort of contract is accesptable in the eyes of the law.
Also, I would like to know the position regarding my large deposit, which was initially paid to the letting agent. Because at this stage I do not know who is holding my deposit? Obviously, I do not want to lose my deposit.

Any advice would be appreciated.

Thanks
AC
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Old 27-04-2008, 06:01 PM
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http://www.thesite.org/homelawandmon...ancyagreements

http://www.letsuni.org/nottingham/in...ts/verbal.html

http://england.shelter.org.uk/advice...ipLive-10065-3

http://www.contractsandagreements.co...greements.html
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Old 01-05-2008, 02:35 PM
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Your tenancy continues as a perodic tenancy under the HA 1988 and can only be brought to an end by the landlord giving you 2 months notice by virtue of S21 HA(1988)

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

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Old 01-05-2008, 02:57 PM
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Who is holding the deposit money AC?
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Old 01-05-2008, 03:16 PM
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Wouldn't the Letting Agent be obliged to return the deposit with legal paperwork signed or an explanation as to why not which is usually as its taken in Lou of damages, does'nt this leave the LA open to questioning??? i would be a bit concerned if i was teh LA with no documentation of proof deposit was returned.

does this post help on the landlord Zone
http://www.landlordzone.co.uk/forums...ad.php?t=11021
seems to say deposit held by LA is deemed held by landlord.
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Last edited by Hocuspocus : 01-05-2008 at 03:20 PM.
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Old 01-05-2008, 03:52 PM
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The letting agent would have to pay the disposit back to the Landlord and I would suggest for clarification that AC asks the Landlord if he now holds the disposit.

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

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Old 01-05-2008, 04:11 PM
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Thanks Guys,

I have written to the Landlord, who is actually quite nice, asking him to confirm that he will renew the tenancy for a further 6 months.
Hopefully, he will write back confirming our telephone conversation in which he stated that he was quite happy to renew the tenancy until October 2008.

Term, will that letter take me out of the rolling or periodic tenancy position?

Regarding the deposit, at this stage I am not sure who is holding my deposit?
I suspect that the original Letting Agent would have passed the deposit to the landlord at the expiration of the original Tenancy Agreement, (this was renewed by letter) which would have been October 2006, but neither the Letting Agent, nor the landlord has advised me who is holding said deposit.

AC
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Last edited by Angry Cat : 01-05-2008 at 04:19 PM. Reason: error
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Old 01-05-2008, 04:18 PM
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One more question, should the letting agent have advised me where the deposit is being held now.
I paid the deposit in October 2006, the Landlord was not impressed with Letting Agent and obviously decided to take over the letting of the house himself.

AC
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  #9  
Old 01-05-2008, 04:21 PM
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Bit more info here incase it helps AC or any guests.

Tenant's guide to the tenancy deposit scheme
From 6 th April 2007 your Landlord or letting agent must protect your deposit using one of the three Government approved Tenancy deposit schemes. The reason for the changes are two fold. Firstly to ensure that if you are entitled to get your deposit back at the end of the tenancy you receive it promptly and secondly to encourage Landlords and tenants to settle their disputes through alternative dispute resolution rather than the courts.

At the start of the tenancy
You will still pay your deposit to your Landlord or Letting agent at the start of the tenancy in the normal way. Within 14 days the Landlord or letting agent must provide you with certain prescribed information including:

Which of the three authorised schemes they are using
How to apply to get your deposit back at the end of the tenancy
An explanation of the purpose of the deposit
What to do if there is a dispute
What to do if your Landlord or letting agent doesn’t provide you with the prescribed information

You can apply to the county court to force your Landlord to protect your deposit. If it is shown that your deposit has not been protected the court must order the Landlord to repay you three times the deposit.

Recording the condition of your rental property

It is expected that the new regulations will encourage more Landlords to produce detailed inventories including photographs. The inventory acts as a record of the condition of the property at the start of the tenancy. If you are not provided with an inventory you should request one from your Landlord. If it is not forthcoming you would be wise to produce your own photographic record and send a copy to the Landlord.

At the end of the tenancy

If there is no dispute between you and your Landlord or agent the deposit will be divided as per your agreement. The new regulations state that this must be done within 10 days of the tenancy ending.

If a dispute arises

If you cannot agree with your Landlord as to how much of your deposit should be withheld then the two parties have the right to go to alternative dispute resolution. This service is provided free by the scheme protecting your deposit.

Who is running the schemes?

Three companies have been authorised by the Government to run tenancy deposit schemes:

The Deposit Protection Service (The DPS) 0870 707 1 707

Tenancy Deposit Solutions Ltd (TDSL) 0871 703 0552

The Tenancy Deposit Scheme (TDS) 0845 226 7837

Your Landlord or Letting agent should tell you which scheme they are usingDid think by asking this question it may clarify who is holding the deposit if you don't get any answers
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I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

" the cages we live in are often of our own making"

time for a life style change

Last edited by Hocuspocus : 01-05-2008 at 04:25 PM.
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  #10  
Old 01-05-2008, 06:59 PM
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Hi AC

It won't take you out of the perodic rolling as you have a six month secure of tenure by stature which mean's that you cannot be evicted within them six months.

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Astalavista baby and I'll be back

Last edited by The Terminator : 01-05-2008 at 07:02 PM.
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